Any teacher can confiscate a phone, or anything not school related that causes a distraction from learning. Don't try to talk like you're an expert on what a teacher can and can't do. They can take it up and then you have to have a parent come pick it up. Rules haven't changed.

#17 actually, a teacher can confiscate anything they see fit its discretional. If they were using it during class they deserved it and the cracked screen was added karma, but still I bet the teacher feels kinda bad about it :/

You can fix your iPhone screen with a do-it-yourself kit for $10 from eBay. Make sure you do some research first though. For example, an iPhone 3G requires a different screen than a 3GS. Also, it's slightly difficult, and breaking your phone this way is not covered in warranty.

No. They changed now. Or when I was in high school. The student had to place it somewhere where they can see it but not reach it. I.e., teacher's desk or the back table Cause legally if they destroy personally property they have to replace it. They took my camera n lost it. I told the school they had to buy me another one since it was in their care. Same goes with a phone

At my school, as long as you aren't using it during something important, it doesn't matter. I have real headphones (not ear-buds) and I can have them on between classes and during study hall, lunch, and sometimes science. I even go on FML all the time during school, and nobody cares as long as I'm paying attention when the teacher is talking and not being a distraction to other people.

Wrong. Any teacher can't confiscate anything from you. Any personal property can only be taken by permission or by a law enforcement officer with intent or a court ordered warranty. Even if it's "school policy" if you refuse to give up your property it would result in school defiance an whatever comes from that as punishment. They can't confiscate anything. How would I know this? Because I am an expert... Smartass

141 - You're twenty. I highly doubt you're an expert. Fact is, you're wrong. As a teacher, I can tell you with certainty that a teacher can and will confiscate anything that causes a distraction. In fact, my school (and most schools) send letters home to the parents to inform them of this and therefore, neither the child or the parent can hold the school liable. it also means that by allowing the kid to have it, the teacher has permission.

As a teacher, I also tell my students that if I see it, it's mine. I am, however, pretty lenient about it as it really doesn't bother me that much.

Lmao. Sure they can't confiscate it if you act like a dumb kid and refuse like a child for doing the wrong thing. If you're not a stupid kid you'll hand it over and know you deserve it. If you are, have fun wasting your time in detention or suspension for defying a teacher, depending on how far it goes.
Sucks op, teacher should have to pay for something, unless you can fix it for cheap. Ydi for getting caught ;)

In high school they don't give a shit, as long as you're not playing a game while the teacher is talking. If you get a text or something, you look, respond if you need to, then put it back up. When you're done with your work, you can play it all you want. This system works better for sophomores and up, because they can sign themselves out if they're needed, like I dunno, maybe their grandma needs meds? Not that big a deal, but still, stuff like that.

159- Your school must be extremely lenient on phones...most schools are definitely not like that. Any sign of your phone and they take it up and at my school (and other schools in my area) they make you pay to get it back.

My school and the surrounding schools have policies against confiscating phones because teachers would go through it, play with it, break it(like OPs case), and read personal information. You can't confiscate a student's privacy. They're people too..

Everyones used a phone in school, and if you're saying you haven't then you're a bloody liar, picture yourself in his position. Having it confiscated is definitely a ydi, but having the screen broken is definitely a Fyl. You don't deserve that.

Everyone has used a cell phone in school and those who say they haven't is a liar? I certainly never used a phone other than the one in the school office... not everyone here is in the age range where when they were in high school it was common for students to have a phone... not everyone gives their child a cell phone these days and not everyone who gives their child a cell phone gives them an iphone...

but on the subject of a teacher confiscating an iphone (or any phone)... they should require that the student turn the phone off and put it away or be removed from class... confiscating something that so much personal private data is often kept on is a potential privacy issue and a major can of worms nobody wants to open

It really depends on the school. In my highschool they have a "no phone policy" but most teachers are lenient. Only my Alg 2 teacher will actually take a phone or ipod from someone. Everyone else will either tell you to pay attention or laugh.

You guys make it seem such a big deal that if a teacher asks for your phone you have to give it. You don't. Now she might give a you a referral but doesn't matte nothing happens. I never signed a detention or gave up my phone. And never got in trouble.

In my school, we are allowed to have our phones out during class. We just have to also pay attention and get good grades. If you get bad grades, you can't use your phone. (And of course, no phones out during tests.) If we have our phone out when we aren't allowed to, we just have to turn it off, and put it on the corner of our desk where the teacher can see it. But that is just MY school.

# 159 Load of shit. Some highschools allow iPods in class but not phones. At my highschool, my phone rang in my pocket but I put my hand over it to shut it up and otherwise ignored it. The teacher took it, even though rules state you can have it in you pocket but not use it. I'm. Pretty sure that's the case for basically every school.

Okay, I don't know if anyone else has said this already. But, the school does have legal permission to confiscate anything causing distractions in class. However, they are not allowed to keep the items after the school day ends. My school had taken my phone and they held it overnight, I was talking to my friend of the family who is a lawyer and he showed me where it was stated. But if the bitch broke your phone, she should obviously have to replace it. If not, than you should probably look at changing schools, because that does not follow policy.

159 that depends on the school completely my high school only allowed seniors to sign out and that was if they had early release in their schedule. And if you have you phone out and get caught no matter what grade it was gone

In hs I had a substitute take a kids phone away (back when snake was the best phone game) and when security came by (a huge deal was made of this because he started reading a text aloud to the class) security gave it back to the student and told the substitute he wasn't aloud to take students property. Maybe it was my school, but that's the only experience I've seen.

I've been out of school for 9 years and most of us didn't even own a cell phone. The worst we did was pass around notes. I didn't get my first cell until I was 19 when i was able to pay for it myself. If parents had an emergency they called the school and they'd call me to the office. So no I never did use a cell phone during school and it was rare to see someone who did.

Wow.. My school isnt ANYTHING like your peoples. In my school, teachers actually are not allowed to take our phones.. They can tell us to put them away all they want, but we never get them taken. Its a rule the principal made up starting this year. She told us if we didnt want to pay attention, dont. But dont expect to float through school by not paying attention.

Oh, and I forgot to mention that last year when that policy wasnt in play, teachers were required to take out the battery and give it to the student when they took phones, because we had a few problems with teachers looking through phones and reading some texts out loud to the class.

Not quite. It would've been like If they told the robber to leave and after he was out of the house and walking away, they shot him. OP had already handed over the phone and wasn't not letting the teacher have it.

Having ur phone out at school is nowhere near as bad as robbing a house. Besides, for all we know he could've just taken it out for one second or it went off in the middle of class b/c he forgot to turn it on silent. These are common, honest mistakes that could've been made. In any case, the teacher had the right to take away the phone but not at all the right to break it. He deserved the phone being confiscated but not the phone breaking; if the teacher doesn't pay for it than the added punishment is unjust.

Last year at my high school, we had a very strict policy against cell phones, gaming systems, mp3 players, and basically all other electronics. A teacher of mine took a students IPhone away and put it in his desk and sometime throughout the day, someone stole it from his desk. They never found out who, but the kid's mom through a huge fit and basically forced the teacher to buy the kid a new phone. This year, the policy seems to have vanished and no teachers care if you have your cellphone out in class. Our school continues to be one of the highest rated schools in academics on a national level.

Moral of the story: anti-cellphone rules in school are unnecessary and ridiculously strict. OP should definitely go to the administrators about this. FYL.

That is 100% accurate, if she was confiscating something like an IPhone she must returned it or that is grand theft(a felony since it is well over $400)
If the property is damaged it is the responsibility of the teacher to replace or repair it much like if a towing company totaled your car while towing it. You can sue and press vandalism charges.
IMO the teacher should get insured for it if they want to confiscate personal property as they are responsible for it's care and protection while it is in their possession. They actually do not have the legal right to take your property they usually just intimidate the student and threaten them with punishment

It was more the OP's fault for having it in class. In my school if someone's phone is found or even seen in pockets in some classes, the teacher will confiscate it. Moral of the story the if the Op would have left their phone in their locker, the phone would be perfectly fine.

The teacher shouldn't have to pay for the phone. Maybe having to get it fixed will teach op not to have their phone in class. Ydi op completely, pay attention in class your phone can wait until you have a break to play on it.

Btw all those saying the teacher should pay, most INTELLIGENT (key word here) people who have an iPhone have insurance on it in case it gets damaged.

The rule of not having a cell phone is stupid.
Many students even in high school commute to school. Students should not have their cell phones out in class or during a exam, but they should not be prohibited from bringing them to school.

I had a friend who was told by a teacher that he HAD to hand over his iPhone to her once. Her tone changed pretty rapidly when he said he was going to call the police right there in class, lol
Long story short.. He didn't even get a detention!

182 - maybe the most intelligent people don't need to get insurance. Wait, that sounds just as dumb as your remark. I've had multiple phones and currently an iPhone for over two years. I'm just careful and have been quick enough to either catch or break my phone's fall. Plus, I don't buy phones at $600 dollars, so insurance, to me, isn't worth the extra money.

But that doesn't give her the right not to pay for a new one, or to get it fixed because she was the leading factor in why the screen was cracked. Legally she is at fault and she owns him monetary compensation of some sort.

I think it's stupid when people make a scene out of getting their phone taken away. If they're not suppose to use phones during class then they should respect the rule, obviously if they are being defiant and are caught then they will be punished and have it confiscated. That's just the way life works. Besides, to those of you who think teachers aren't allowed to take your phone, that is incorrect. As long as they suspect ou of doing something wrong, they can confiscate your device and look through it. And In some cases, depending on the situation, they're even allowed to search your backpack, locker, even your car ! They have every right to do so.

Cell phones store PII (Personal Identifiable Information) the teacher cannot look through it without a warrant. If they confiscate it could only be for their class period and they are responsible for it while it's in their possession.
The can and should punish students who use cell phones during class.
But the OP's teacher needs to buy the OP a phone.

That's the case in a college, but in high school or lower they can take it. It doesn't make much sense but while in high school they are completely legally responsible for you until you leave campus so they can pretty much do what they want.

For everyone's information that says they do not have the right to look thought your personal stuff is incorrect. If it is on school property, then it is technically school property. It comes down to the education and safety to the students. If the teacher feels like the students education or safety is at jeopardy. Then the teach has the right to confiscated your personal item that is becoming a distraction. The principle has the right to give teachers powers to search through your belongings. Ever heard of bags and locker checks. For the the student calling the police is a crock of shit. If the student were to call the police for a teacher confiscating a cell phone the student will get in trouble if anything. It is not a felony if the teacher confiscates a cell phone. The parents just has to come in a pick it up.

I pay for the "advanced protection plan" or whatever it is, so that I can get a new phone every year without having to pay upgrade fees or contract penalties. I got an iPhone4 on a 3yr plan, then 6 months later when the 4S came out, I went back told them it was randomly rebooting and doing weird stuff, and upgraded to the 4S. Doesn't even have to be the same phone or manufacturer, my replacement phone can be anything up to $750 value... for $10 a month? Fair deal, I say.

An iPhone is worth $799 (at least the new model). It's different. She had all the rights to take away his phone but shouldve been more careful. It's like when if you car got towed and hit and it was your fault of parking it in the wrong spot.

153, by chance is the "high academic scores" due to everyone being texted the answers by a smarter kid or everyone googling the answers? Lol. Students are in school to LEARN, not text, surf the web, etc. I personally believe in the "no cellphone in class" clause, IMO the teacher had a right to take the cell away, but still think the teacher should pay for the broken screen, accident or not.

Actually 113, it's not. In this case the teacher has a right to confiscate the phone temporarily. Not keep or damage it. The danger for the teacher is that in confiscating the phone they have a liability to ensure safe storage until it is returned.

A good anaoly here is like someone's car being impounded for no registration. If the car is damaged while impounded you can easily win a suit that they are liable for the damages. Since it was in their care.

You probably could make her pay for it. Sure you weren't supposed to be using it in class, but that deserved confiscating, not BREAKING. (Also don't they have cases and stuff that you can get so that kind of shit doesn't happen? Otter box or something?)

Most people change their snooty attitude when they realize you really will sue them. A school cant afford lawyers and if you bring in a REAL authority it usually snaps them out of their power trip and back into reality

If the op doesn't get themselves a new phone I will be disappointed in them as they are owed one legally

Quite honestly, that would be laughed out of the court room and then OP would have court costs and lawyer fees that vastly outweigh the 50-100$ (depending on the place you go.) to fix the screen. Frivolous lawsuits are rediculous. Although I do agree OP shouldn't have to pay for it. But it also shouldn't of been used in class, or on anything but vibrate.

Im pretty sure they can still take it but they are not allowed to keep it for extended periods of time. Also if they do break it then they are responsible for damages. So take her ass to the principal and get a new phone

Seriously, two thirds of the FML population will probably end up labelled on a state list of frivolous litigants and end up with no lawyer stupid enough to represent them ever again. That is if even half of the "lawsuit!" comments are serious.